Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Covid-19 caused payment problems for many firms. Debt Hibernation gives protection from creditors .Call Auckland 377 9966, Manukau 262 0330, North Shore 415 447
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Business Debt Hibernation - or Buying Time to Calm the Wolves at the Door

Introduction - This article highlights an important but little-noticed piece of New Zealand legislation hurriedly prepared and enacted in response to the Covid-19 pandemic. The Business Debt Hibernation scheme was created to help companies, partnerships, trusts, or incorporated societies established before 3 April 2020 to cope with and manage certain existing debts where those entities are unable to immediately pay those debts due to the impact of Covid-19, but where their prospects of payment in the future are much better.
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Firms are under pressure to reduce staff numbers. Redundancy must follow strict laws to be legal. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Reducing the Size of Your Staff?

In the current Covid-19 environment we are seeing a significant increase in the number of redundancies. We have set out briefly below a few points to bear in mind if you are thinking about making roles redundant.
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Covid-19 brought new Health and Safety for the construction industry. Are you compiant? Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Health and Safety Protocols for the Construction Industry - Covid-19 Alert Level 2

There is an important update on the health and safety requirements in the construction sector we wish to share with you if you have not yet been updated. Over the last few weeks, the situation with Covid-19 in New Zealand has noticeably improved. However, it is too soon to celebrate, and there is no room for complacency as we will still be under Covid-19 Alert Level 2, starting this Thursday 14 May 2020. It will remain critical, perhaps more than ever, for everyone in the construction industry to take all necessary steps to keep the virus under control until we are down to Alert Level 1.
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If you are offering credit, will you get paid? A Personal Guarantee might be the answer. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Obtaining an Enforceable Guarantee

There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
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Manukau, Auckland contract lawyer, electronic signing of contracts is useful any time if the parties are far from their lawyer but in Covid-19 it is a vital too
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Electronic Signing of Contracts

Part 4 of the Contracts and Commercial Law Act 2017 ("CCLA") provides that, with some few exceptions, where a signature is required by law (including to conclude a contract) you can sign that document electronically provided certain conditions are met. An electronic signature is defined in the CCLA as a method used to identify a person and to indicate that person's approval of that information.
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Auckland & Manukau leasing lawyer. Tenants have problems making rent payments. What are the issues for commercial property leases and tenancies due to Covid-19
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Leasing in a Post-Pandemic World

A New Normal - The impacts of the Covid-19 virus have been felt the world over and have pushed businesses to their limits. Parties on each side of a lease have been left with the job of negotiating through untested and uncertain lease clauses in a time where the support being offered by Government has been unclear and anyone who did hold insurance is discovering that 'pandemics' and 'infectious diseases' are a common policy exemption.
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Manukau, Auckland construction contract lawyer. What are the liabilities, obligations and options for completion of works issues for builders due to Covid-19
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Construction Contracts: Contractual Framework for Navigating Through Covid-19 Alert Level 4 (NZS 3910:2013, NZS 3915:2013, NZS 3916:2013 & NZS 3902:2004)

Parties to construction contracts, especially those contractors (and subcontractors) who are engaged to carry out particular contract works by an agreed due date for completion, may be exposed to penalties or "liquidated damages" if unable to carry on or complete those works during the Covid-19 Alert Level 4 lockdown.
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Auckland family trust lawyer, Manukau trusts lawyer. Changes to Family Trusts, their administration and Trustees' obligations. See how it affects you
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A time to reflect on estate/trust matters

The current 'lockdown' is unprecedented. In times like these your first priority is to ensure you take care of yourselves, friends and family. However, while it is important to protect those close to you, you should also give consideration to the protection of your assets. Accordingly, it may be an opportune time to review your current estate planning to ensure everything is 'as you would like' and, if you have a trust, to make sure that it aligns with the provisions of the Trusts Act 2019 ("the Act") which was enacted this year but comes into force at the beginning of 2021.
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Consumer credit lawyer Auckland, Manukau. If you have hardship payments issues in Covid-19 you can apply to your lender for help. Click to see if you can apply
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Hardship - Consumer Credit Contracts Under a Covid-19 Related Lockdown

Section 55 of the Credit Contracts and Consumer Finance Act 2003 ("CCCFA") provides that a person who is unable reasonably, because of illness, injury loss of employment, the end of a relationship, or other reasonable cause, to meet their obligations under a consumer credit contract and who reasonably expects to be able to discharge their obligations if the terms of the contract were changed as provided for under the CCCFA may apply to a creditor to agree to that change. In the present Covid-19 lockdown, we expect these provisions to be tested and both debtors and creditors need to know their rights and responsibilities in these sorts of situations.
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Auckland Family Trust Lawyer: Your family trust and the Independent Trustee. What is it and does it affect you?
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The Family Trust and the ‘Independent Trustee’

A trust exists to hold assets for a certain purpose. For an ‘ordinary’ family trust, commonly conceptualised as a ‘mum and dad’ trust, the ‘mum and dad’ settlors ordinarily transfer their main home to trustees to hold that property for the benefit of their immediate family group. In this scenario it is common for ‘mum and dad’ to be appointed as trustees. They are additionally named as discretionary beneficiaries to ensure they may benefit from the trust assets throughout their lifetimes as well.
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Auckland employment lawyer; practical guidance for employers during Covid-19. What you can and cannot do about work hours, leave, essential workers.
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Practical Guidance for Employers During Covid-19

The Covid-19 Lockdown is a unique situation that continues to change rapidly and this raises a number of questions and concerns for people, especially in the employment space. The situation surrounding Covid-19 requires flexibility from both employers and employees.
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Auckland employment lawyer; be careful about redundancy. It is a tricky area of law and you must seek legal advice before you take any action. Click here.
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Redundancy During Covid-19

In the wake of the Covid-19 lockdown, many employers are assessing options available to them to save their business and are contemplating cutting staff. This decision should not be taken lightly as the underlying requirements for proper termination of employment still apply.
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KiwiSaver Employer Contributions Rate Change

KiwiSaver Employer Contributions Rate Change

Written by:
James Turner
The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing onor after 1 April 2013.
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Commercial Property Due Diligence Issues

Commercial Property Due Diligence Issues

Written by:
Brandon Cullen
Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate.
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To Gift or Not to Gift?

To Gift or Not to Gift?

Written by:
Brandon Cullen
Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back.
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Evicting a Commercial Tenant - Know Your Rights

Evicting a Commercial Tenant - Know Your Rights

Written by:
Brandon Cullen
The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rentor some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligationsin an eviction scenario.
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Important changes to Employment Law from April 2011

Important changes to Employment Law from April 2011

Written by:
James Turner
As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed intolaw and, for the most part, came into effect on 1 April 2011.
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Employees Beware!

Employees Beware!

Written by:
James Turner
All too often an employer may claim it had fair grounds for the actions it took to dismiss or discipline an employee, but did so too quickly or used a one sided process, and in doing faces a difficultly in justifying its actions before an Employment Relations Authority. In this article James D Turner, Partner, McVeagh Fleming lawyers, looks at the opportunity for an employer to consider bringing a counterclaim and two recent cases holding employees responsible for their conduct.
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Matters To Consider Before You Sign An Agreement To Lease

Matters To Consider Before You Sign An Agreement To Lease

Written by:
Brandon Cullen
The leasing market is ever changing. Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available,and a definite lack of (quality) prospective tenants available. Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs")in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes. Enter the commercialreal estate agent, armed with an agreement to lease ("ATL") .... but beware, both LL and tenant, once signed the ATL will legally bind you tothe terms specified and your lawyer will be unlikely to be able to re negotiate your lease. It is important – if not critical – therefore, thatboth sides fully consider the ATL in detail before signing such. A few key considerations are as follows:
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Purchasing An Interest In A Retirement Village: What You Need To Know

Purchasing An Interest In A Retirement Village: What You Need To Know

Written by:
Andrew Knight
Purchasing an interest in a retirement village is not like purchasing a residential property. There is an ongoing relationship between the village operator and the resident which is governed by the terms and conditions set out in what is called an "Occupation Right Agreement".
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International Alliance Of Law Firms

International Alliance Of Law Firms

Written by:
Andrew Knight
McVeagh Fleming is a member of a global network of highly respected law firms called Ally Law (formerly the International Alliance of Law Firms. When our clients need legal assistance outside of our jurisdiction, we refer and work closely with other Ally Law firms to ensure that our clients receive the best legal advice and service possible. Ally Law has firms in most of the major financial centres of the world. If you would like to learn more about Ally Law please contact John Woolley or view the Ally Law website at www.ally-law.com.
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Dispelling Some Of The Myths About Property Division On Separation

Dispelling Some Of The Myths About Property Division On Separation

Written by:
Peter Fuscic
Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.
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